Kurn v. Pittsburgh Plate Glass Co.

COLLET, District Judge.

These cases against the same defendant were submitted together. In each the plaintiff interstate carriers seek recovery of switching allowances made to the defendant shipper, which allowances were later held by the Interstate Commerce Commission to be unlawful preferences. The defenses are: First: That the actions are barred by the three-year limitation of the Transportation Act,1 or, Second: By the five-year Missouri Statute 2 of Limitation, and, Third: That the payments were voluntary. The facts were stipulated and summarized, are as follows.

The plaintiffs Kurn and…